Submitting new I130 while waiting old one withdrawl

[mister-love 31]

On 12/15/2025 at 4:43 AM, pushbrk said:

Referring to what I bolded above, there are no such questions on the I-130, but yes somebody will be curious and you may be called on to explain at some point.

I got this note from NVC  today after submitting the inquiry to withdraw: 

 

Your petition has been returned to USCIS for administrative action and is no longer at the NVC. Further inquiries should be directed to the USCIS by telephone at 1-800-375 5283, or via the internet at www.uscis.gov.

[pushbrk 14,320]

6 minutes ago, mister-love said:

I got this note from NVC  today after submitting the inquiry to withdraw: 

 

Your petition has been returned to USCIS for administrative action and is no longer at the NVC. Further inquiries should be directed to the USCIS by telephone at 1-800-375 5283, or via the internet at www.uscis.gov.

A petition can only be actually withdrawn through USCIS.  You ask no question, but now a formal withdrawal letter, simply from and signed by you is all that is needed for the old case.  You can file a new one at any time.  What will happen with the new case depends on the details of the new case.  Some concerns have already been expressed, including the fact that you started a new relationship before your divorce was final.  There are no direct questions about that on the I-130, and there is certainly no prohibition from doing so.  You will be required to indicate the when, and who of your first filing and the outcome which simply "Withdrawn after divorce" The new new case must stand on its own merits.

[mister-love 31]

2 hours ago, pushbrk said:

A petition can only be actually withdrawn through USCIS.  You ask no question, but now a formal withdrawal letter, simply from and signed by you is all that is needed for the old case.  You can file a new one at any time.  What will happen with the new case depends on the details of the new case.  Some concerns have already been expressed, including the fact that you started a new relationship before your divorce was final.  There are no direct questions about that on the I-130, and there is certainly no prohibition from doing so.  You will be required to indicate the when, and who of your first filing and the outcome which simply "Withdrawn after divorce" The new new case must stand on its own merits.

When did a said the start a relationship before divorce is final 🤔.  Iv never said that. My divorce was finalized and i got married again one year after my divorce  

[mister-love 31]

2 hours ago, pushbrk said:

A petition can only be actually withdrawn through USCIS.  You ask no question, but now a formal withdrawal letter, simply from and signed by you is all that is needed for the old case.  You can file a new one at any time.  What will happen with the new case depends on the details of the new case.  Some concerns have already been expressed, including the fact that you started a new relationship before your divorce was final.  There are no direct questions about that on the I-130, and there is certainly no prohibition from doing so.  You will be required to indicate the when, and who of your first filing and the outcome which simply "Withdrawn after divorce" The new new case must stand on its own merits.

Here is my situation:

 

Got married and application was approved and sent to NVC and things didn't work between us, we got divorced and the divorce was finalized.  After one year i got married again, that's all. Now my old application was returned from NVC to USCIS to be withdrawn.  I will start soon the new application for my current wife.  Where is the concern here?? Like it is forbidden to get married again after one year of a finalized divorce? 

Edited Tuesday at 12:57 AM by mister-love

[pushbrk 14,320]

16 minutes ago, mister-love said:

When did a said the start a relationship before divorce is final 🤔.  Iv never said that. My divorce was finalized and i got married again one year after my divorce  

You did not directly say it.  You've never directly addressed (in this thread) whether your relationship (not your marriage) began before your divorce was final.  Whether it did or didn't, is a technicality that is relevant.  Another poster alluded to that possibility and your response avoided addressing the issue directly.  That's easy for you to clear up if you want.

Edited Tuesday at 01:05 AM by pushbrk

[mister-love 31]

21 hours ago, pushbrk said:

You did not directly say it.  You've never directly addressed (in this thread) whether your relationship (not your marriage) began before your divorce was final.  Whether it did or didn't, is a technicality that is relevant.  Another poster alluded to that possibility and your response avoided addressing the issue directly.  That's easy for you to clear up if you want.

It was just a misunderstanding. 

I divorced and after one year i got married. NVC gived me hard time to withdraw the old application but now looks like things are going the right way, NVC sent the application back to USCIS to withdraw it. I will be applying for my new wife sometimes next week. Ty so much for all your help and advices.  

[pushbrk 14,320]

3 minutes ago, mister-love said:

It was just a misunderstanding. 

I divorced and after one year i got married. NVC gived me hard time to withdraw the old application but now looks like things are going the right way, NVC sent the application back to USCIS to withdraw it. I will be applying for my new wife sometimes next week. Ty so much for all your help and advices.  

Maybe there is a language barrier here, but you still have not addressed the timing of starting the relationship with the new spouse.  It's different from the divorce and marriage dates.  The question does not related to legalities, but it is relevant to the totality of circumstances.  You did not begin your relationship with the current spouse on your wedding date. It was before that.  You are likely to be asked if the relationship started before the divorce was final, and if you give a deceptive answer like you are giving here, instead of addressing the issue directly, it is that lack of candor that will hurt you, much more than the facts themselves.

[S2N 670]

6 hours ago, mister-love said:

It was just a misunderstanding. 

I divorced and after one year i got married. NVC gived me hard time to withdraw the old application but now looks like things are going the right way, NVC sent the application back to USCIS to withdraw it. I will be applying for my new wife sometimes next week. Ty so much for all your help and advices.  

If you got divorced, started dating, and then got married after dating less than a year while there was still a pending I-130 for your ex-wife, that’d also raise questions.

[mister-love 31]

17 hours ago, S2N said:

If you got divorced, started dating, and then got married after dating less than a year while there was still a pending I-130 for your ex-wife, that’d also raise questions.

Sorry i am muslim and we really don't usually date. i got divorced and after more than one year i got married again with a women from my original country. 

( My Ex wife we didn't date, we got married after talking in whatsapp for 3 months, I went to Morocco and we got married after our first meet at her parents house. i130 was approved in 8 months) it's all depends on the evidences you are providing).

[mister-love 31]

On 2/10/2026 at 3:44 PM, pushbrk said:

Maybe there is a language barrier here, but you still have not addressed the timing of starting the relationship with the new spouse.  It's different from the divorce and marriage dates.  The question does not related to legalities, but it is relevant to the totality of circumstances.  You did not begin your relationship with the current spouse on your wedding date. It was before that.  You are likely to be asked if the relationship started before the divorce was final, and if you give a deceptive answer like you are giving here, instead of addressing the issue directly, it is that lack of candor that will hurt you, much more than the facts themselves.

You guys don't know the circumstances of other poeple culture, religion and so on, USCIS knows those things.  

I will give you an example, I Did know my Ex wife for 3 months via WhatsApp and we got married afer seeing each other 1 time only for 4 hours at her parents house. That's our culture and religion, we don't date! ( USCIS knows those things) Same happened with my current wife, after more than one year of my divorce I did know her via a friend and we talked for like 3 months online and i went to Morocco and we got married immediately ( her familly are religious and they don't allow dating). 

FYI, the application of my EX wife got approved at USCIS after 8 months with no RFE. I been in this forum for more than 14 years. It's all depends on the evidences you are providing and showing the marriage is legit. We have plenty of conversations, Royal Moroccan weeding Pictures,  trips, Money i send every month ( she got pregnant but we lost our baby in week 4) I am going to my second visit in 3 days and i we will spend 40 days together, god willing, we spent 3 months together in my first visit) All of those things going to be included in the application... as i said, iv been in this Forum for over 13 or 14 years). One more things, it will raise flags if I did pring my Ex to the US and then divorced and trying to bring a new one! But as I said,  we got divorced while application was in NVC. 

 

Regards, 

 

[pushbrk 14,320]

18 minutes ago, mister-love said:

You guys don't know the circumstances of other poeple culture, religion and so on, USCIS knows those things.  

I will give you an example, I Did know my Ex wife for 3 months via WhatsApp and we got married afer seeing each other 1 time only for 4 hours at her parents house. That's our culture and religion, we don't date! ( USCIS knows those things) Same happened with my current wife, after more than one year of my divorce I did know her via a friend and we talked for like 3 months online and i went to Morocco and we got married immediately ( her familly are religious and they don't allow dating). 

FYI, the application of my EX wife got approved at USCIS after 8 months with no RFE. I been in this forum for more than 14 years. It's all depends on the evidences you are providing and showing the marriage is legit. We have plenty of conversations, Royal Moroccan weeding Pictures,  trips, Money i send every month ( she got pregnant but we lost our baby in week 4) I am going to my second visit in 3 days and i we will spend 40 days together, god willing, we spent 3 months together in my first visit) All of those things going to be included in the application... as i said, iv been in this Forum for over 13 or 14 years). One more things, it will raise flags if I did pring my Ex to the US and then divorced and trying to bring a new one! But as I said,  we got divorced while application was in NVC. 

 

Regards, 

 

All good and understandable.  But, USCIS does not issue visas. Getting the petition approved is the easy part.  Anyway, now you have actually answered the posed question.  You did not begin the new relationship until after the divorce.  It's such an easy question to answer, but you kept avoiding it.  This kind of "avoidance" will not return a good result if it happens in a visa interview.  When your wife gets to that stage, make sure she understands how important it is to understand and directly answer every question, the question that is asked, whether you like it or think it is important or not.  Yes, many of us DO understand your culture.  What I didn't understand was you reluctance to directly answer the question you were being asked.  Carry on.

[mister-love 31]

3 hours ago, pushbrk said:

All good and understandable.  But, USCIS does not issue visas. Getting the petition approved is the easy part.  Anyway, now you have actually answered the posed question.  You did not begin the new relationship until after the divorce.  It's such an easy question to answer, but you kept avoiding it.  This kind of "avoidance" will not return a good result if it happens in a visa interview.  When your wife gets to that stage, make sure she understands how important it is to understand and directly answer every question, the question that is asked, whether you like it or think it is important or not.  Yes, many of us DO understand your culture.  What I didn't understand was you reluctance to directly answer the question you were being asked.  Carry on.

Why i would avoid it! The topic i did open was clear. I was just asking if i can apply for my new wife while the old application is pending withdrawal. Just some ppl here sometimes try to act like they are immigration officers,  start to ask more questions and investigate you lol. You have decent knowledge and i respect that. And there is no reason i will avoid to answer a question, i am not in an interview anyway. Got married after beeing divorced for more than a year, pretty simple. 

 

Regards, 

[pushbrk 14,320]

3 minutes ago, mister-love said:

Why i would avoid it! The topic i did open was clear. I was just asking if i can apply for my new wife while the old application is pending withdrawal. Just some ppl here sometimes try to act like they are immigration officers,  start to ask more questions and investigate you lol. You have decent knowledge and i respect that. And there is no reason i will avoid to answer a question, i am not in an interview anyway. Got married after beeing divorced for more than a year, pretty simple. 

 

Regards, 

Experienced senior members here tend to go beyond the questions asked, and point out issues posters may or may not have considered.  Cooperation is appreciated, as it is reciprocal. 😉